Return to Currituck Co.
Currituck County Wills
Jan. 21, 1853 - May Term 1853
Currituck Co. Will Book 4 ; pg. 172-174
[see image on Family Search]
State of North Carolina
January the 21st 1853
Knowing that it is appointed unto men to dye and knowing that I am mortal and must dye I do affix this my last will and testament hereby I am disposed to dispose of my property while I am in my right disposing mind and memory.
First I give unto wife one negro man George also one negro man named Andrew also one negro woman called Fanny also one negro woman called Jane and two children, one horse her choice and double gigg, five feather beds and furniture that she brought from Camden, six head of sheep her choice two head of hogs her choice. I lend to my wife her life time the south corner of my plantation the line commencing at the red gate running a westwardly course through my house lending to her the south end of my house both down stairs and up stairs and thence to the woods to a cart path where I feed hoggs, and down the cart path to the swamp to have as hir privilege her lifetime.
Item I lend to my son Benjamin T. GRAY and wife there lifetime my plantation in Coinjock that he now lives on and at their death I give it to Benjamin GRAY his son. I also lend to B.T. GRAY and wife two negro boys Sampson and Edmond there lifetime and at there deaths I give them to Lemuel GRAY and Nancy GRAY my Grand children. I give to my son Benjamin T. GRAY one feather bed and furniture also my silver watch and all my waring apparel.
Item I lend to my daughter Betsey SIMMONS all the land whereon she ust to live and where Mr. Christopher BAKER now lives to her during her lifetime and at her death I give it to Mary WALKER. Also I lend to my daughter Betsey SIMMONS two negos [sic] negros one man by the name of Spence and one woman by the name of Haner during her lifetime and at her death I give them to Mary WALKER and Daniel SIMMONS to be divided between them the said Mary WALKER and Daniel SIMMONS my Grand children.
Item I lend to my daughter Polly MERSER and Wm. G. MERSER one negro woman red Mary to them there lifetime and at there death I give her and her increase if any after this to Thomas EVERTON and Benjamin EVERTON to be divided between them my Grand children.
Item I give to my daughter Dorcas VOLAVA one thousand dollars to be raised out of my estate my negro man Jack I leave to be sold at the Court House door the first January after my death and if my man Jack does not sell for enough to pay my daughter the one thousand the balance of the thousand dollars is to be raised out of my money and notes, my man Jack is to be sold for six months credit by my executor.
Item I lend to my daughter Bridgett Mc HORNEY and Samuel McHORNEY her husband the balance of my maner plantation that is not lent to my wife to them there lifetime and at there death I give it to there two oldest sons Benjamin McHORNEY and Edmund McHORNEY my Grandsons.
Item I lend to the Bridget McHORNEY my daughter and Samuel McHORNEY her husband one negro man Lam and one negro woman Lydia during there lifetime and at there death I give them negros Lam and Lydia to there two daughters Mary Jane McHORNEY, Susan McHORNEY my two Grand Daughters.
Item I give to my Grandson Thos. EVERTON one negro boy by the name of Joshua.
Item I give to my Grand Son Benjamin EVERTON my tract of land that I bought of Stephen FORBES lying on the west side of the road on the ridge. Also I give to him one negro boy by the name of Martain.
Item Its my will and wish that my old negro man Jututor & old negro woman Nancy and my negro boy Spence remains on my maner plantation and that Benjamin T. GRAY and Samuel McHORNEY be bound for there Mantanance .
Item The remainder of my property that is not given away is to be sold for six months credit and after the amount of one thousand dollars is paid to my daughter Dorcas VOLOVA the balance is to be equally divided between Benjamin T. GRAY, Betsey SIMMONS, Polly MERCER, Dorcas VOLAVA, and Bridgett McHORNEY.
Item do affix Lancelott POYNER my whole sole executor to this my last will an testament given under my hand and seal
/s/ Benjamin TAYLOR seal
N.L. POYNER jurat
D.W. HAMPTON jurat
State of North Carolina
Court of Pleas and Quarter Sessions
May Term 1853
The foregoing paper writing was exhibited in open court and propounded in common form by the executor therein named as the last will and testament of Benj. TAYLOR dec’d and Nathan POYNER and Dempsey W. HAMPTON the subscribing witnesses thereto being called and duly sworn did dispose and say that they were present when the said paper writing was executed by him as his last will and testament and so declared by him to be, at the time of the execution that the same was executed in their presence and they were called upon by the said TAYLOR to be witness to the same that they did witness the same in the presence of the said TAYLOR and at his request and in the presence of each other and that at the time of execution the said Benjamin TAYLOR was of sound and disposing mind and memory. Whereupon the said paper writing is admitted by the court to probate as the last will and testament of Benjamin TAYLOR dec’d & ordered recorded as such and Lancelott POYNER the executor therein named came into court and qualified as such.
Attest: B.T. SIMMONS, CCC
This will was contributed by Judy Merrell Brickhouse. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!
© 2011 Kay Midgett Sheppard